- 1 - HC-KAR NC: 2025:KHC-D:14149 WP No. 103499 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103499 OF 2025 (LB-ELE) BETWEEN: SMT. B. MUBEENA, AGED ABOUT 27 YEARS, OCC: HOME MAKER, C/O. M. GOUSE BAIG, WARD NO.24, PAKHALI STREET, BALLARI, COWL BAZAR, BALLARI-583102. …PETITIONER (BY SRI. CHETAN T. LIMBIKAI AND SMT.VIDYAVATI M.KOTTURSHETTAR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, M. S. BUILDING, BENGALURU-560001. REP. BY ITS SECRETARY. 2. THE REGIONAL COMMISSIONER, BELAGAVI DIVISION, POST AND DISTRICT: BELAGAVI, BELAGAVI-590001. 3. THE DEPUTY COMMISSIONER, D.C. OFFICE, BALLARI-583101. 4. THE BALLARI MUNICIPAL CORPORATION, DIST. BALLARI-583101, REPRESENTED BY ITS COMMISSIONER. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14149 WP No. 103499 of 2025 5. THE BELAGAVI MUNICIPAL CORPORATION, REPRESENTED BY ITS CHEIF EXECUTIVE OFFICE, BELAGAVI-590001. 6. THE KALABURGI MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, KALABURGI 585103. 7. THE HUBLI DHARWD MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER 580020. 8. THE VIJAYAPUR MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER-586101. …RESPONDENTS (BY SRI. M.KESHAV REDDY, AAG FOR R1 TO R3; SRI. SHARANU S. CHALAWADI, ADV. FOR R4; SRI. VINAY S. KOUJALAGI, ADV. FOR R5; SRI. KRUPASAGAR PATIL, ADV. FOR R6; SRI. G. I. GACHCHINAMATH, ADV. FOR R7; SRI. SACHIN MADHUBAR MAHAJAN, ADV. FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE GOVERNMENT NOTIFICATION NO. UDD 02 MLR 2022 DATED 29- 09-2022 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A, BY PARTIALLY MODIFYING THE NOTIFICATION NO. UDD 02 MLR 2022 DATED 24/08/2022 VIDE ANNEXURE-D ISSUED BY RESPONDENT NO. 1 IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.1 TO CONDUCT THE ELECTION AS PER ANNEXURE-D RESERVING THE POST OF MAYOR OF BALLARI MUNICIPAL CORPORATION WHICH WAS RESERVED FOR BCA(W) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14149 WP No. 103499 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) The petition is filed assailing the order dated 29.09.2022 marked at Annexure-A which is the notification issued by respondent No.1. 2. The petitioner has also sought writ of mandamus to direct respondent No.1 to conduct the election as per Annexure- D reserving the post of Mayor of Ballari Municipal Corporation to BCA woman. 3. The petition is filed primarily on the premise that the post of Mayor in Ballari Municipal Corporation was reserved for BCA woman in terms of notification dated 24.08.2022, which is marked as Annexure-D. It is the case of the petitioner that in terms of impugned notification at Annexure-A dated 29.09.2022, the post is now sought to be reserved for General Category. Thus, it is urged that the notification is invalid and petitioner was not heard before changing the notification. 4. It is noticed that the notification issued at Annexure-D and Annexure-A are both for 24th term of Ballari - 4 - HC-KAR NC: 2025:KHC-D:14149 WP No. 103499 of 2025 Municipal Corporation. It is admitted that 23rd term completed on 19.06.2025. The 24th term is for one year. 5. The grievance of the petitioner is that the post of a Mayor in Ballari is not yet reserved for BCA woman so far and for the first time, it was reserved in terms of Annexure-D and by the time, the election could take place to the post of the Mayor for 24th term for the Ballari Municipal Corporation in terms of Annexure-A, the notification, reservation is changed reserving the same for General Category. It is also the contention of the petitioner that the guidelines laid down in the judgment of M.Abdul Azeez v. The State of Karnataka1 are not followed. 6. It is also urged the impugned notification also violates Rule 73-A of the Karnataka Municipal Corporation (Election) Rules 1979 (‘Rules, 1979’). 7. Learned Additional Advocate General (AAG) would contend that the notification at Annexure-A is issued pursuant to the direction in W.P.Nos.17377/2022 and 17476/2022. Learned AAG would also contend that the law does not mandate reservation for General Category and a seat is declared to be for 1 ILR 2014 KAR 1839 - 5 - HC-KAR NC: 2025:KHC-D:14149 WP No. 103499 of 2025 general category, it is not a reservation. It is also his further submission that the ratio laid down in Abdul Azeez case supra would be applicable only to the ‘reserved category’ in view of the language of Section 10(1-A) of the Karnataka Municipal Corporations Act, 1976 (‘Act of 1976’). 8. Learned AAG would also urge that the petitioner does not have any vested right in terms of notification at Annexure-D and the notification at Annexure-A is in compliance with the guidelines laid down in Abdul Azeez’s case supra and also pursuant to the direction issued by this Court in the aforementioned W.P.Nos.17377/2022 and 17466/2022. 9. This Court has considered the contentions raised in the bar and perused the records. 10. Section 10(1-A) of the Act of 1976 provides for reservation to the post of Mayor and the Deputy Mayor in the Municipal Corporation. The reservation is provided only to the Scheduled Castes, Scheduled Tribes and other backward classes and also provides for reservation to the woman in the category - 6 - HC-KAR NC: 2025:KHC-D:14149 WP No. 103499 of 2025 of Scheduled Castes, Scheduled Tribes and Other Backward Classes. 11. The Co-ordinate Bench of this Court had an occasion to interpret the provisions of Section 10(1-A) of the Act of 1976 and has concluded that there has to be a rotation while providing the reservation and the reservation to the reserved category should not be repeated in a given term. 12. Referring to the said judgment, learned counsel of the petitioner would urge that the post of the Mayor in Ballari was given to General Category on three occasions earlier in the current tenure and that amounts to repetition of the reservation for the General Category and same is in violation of Section 10(1-A) of the Act of 1976 and Rule 73-A of the Rules, 1979 referred to above. 13. The contention that keeping open the slot for the Office of the Mayor and the Deputy Mayor unreserved and providing the same for General Category amounts to reservation a repetition cannot be accepted. The reason is when office is open for General Category, the persons belonging to Scheduled - 7 - HC-KAR NC: 2025:KHC-D:14149 WP No. 103499 of 2025 Castes, Scheduled Tribes and other backward classes can also contest for the said Office and moreover Section 10(1-A) of Act of 1976 does not contemplate any reservation to the General Category. It only provides reservation to the Scheduled Castes, Scheduled Tribes and Other Backward Classes. Rule 73-A of the Rules, 1979 though pressed into service by the learned for the petitioner, it is required to be noticed that Rule 73-A of the Rules, 1979 does not provide any reservation for the unreserved category excluding Scheduled Castes, Scheduled Tribes and Backward Class A and Backward Class B. After providing number of seats for each category for reserved class, it specifies number of seats available for unreserved class. 14. This being the position, the contention that Rule 73-A of the Rules, 1979 is violated by repeating the General Category thrice in a year cannot be said to be in violation of the provisions of Section 10(1-A) of Act of 1976 and Rule 73A of the Rules, 1979 referred to above. 15. For the aforementioned reasons, this Court does not find that impugned notice at Annexure-A is in violation of the - 8 - HC-KAR NC: 2025:KHC-D:14149 WP No. 103499 of 2025 guidelines laid down in the judgment of the Co-ordinate Bench of this Court in Abdul Azeez’s case supra. 16. Writ petition dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK /CT-AN List No.: 1 Sl No.: 94